Borcherding v. Eklund’s Empirical Analysis
1952
Citation profile
2 federal appellate · 2 district · 81 state decisions
How this case has been cited
Cited by 89 later decisions — most recently May 1991 · most notably Beaulieu v. Elliott (1967), Coyle v. Stopak (1957)
2 federal appellate · 2 district · 81 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Whitaker v. Keogh · Simcho v. Omaha & Council Bluffs Street Railway Co. · Fimple v. Archer Ballroom Co. · Armer ex rel. Armer v. Omaha & Council Bluffs Street Railway Co. · Lund v. Holbrook
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In testing the sufficiency of evidence to support a verdict it must be considered in the light most favorable to the successful party, that is, every controverted fact must be resolved in his favor and he should have the benefit of every inference that can reasonably be deduced therefrom.” Borcherding v. Eklund, 156 Neb. 196 , 55 N. W. 2d 643 .”
2 later decisions quote this exact passage“Economic condition, including the low purchasing power of money for the necessities of life, is a factor in determining the amount of a verdict. . The period of inflation now existing is a factor which the jury could consider in arriving at the amount of the verdict. We must assume that the jury gave consideration to this fact, as it had a right to do. (Emphasis added.)”
1 later decision quote this exact passage“A jury should be fully and fairly informed as to the various items of damages which it should take into consideration in arriving at its verdict. In this respect it is the duty of the trial court to instruct as to the proper basis upon which damages are to be assessed for each such item.”
1 later decision quote this exact passagee.g. Wolfe v. Mendel
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.